Suspended Patriotic Alliance deputy president Kenny Kunene has been ordered to issue both a written and oral apology to EFF leader Julius Malema for repeatedly referring to him as a “cockroach” during a televised interview.
The Gauteng High Court in Johannesburg dismissed Kunene’s appeal against a previous ruling by the Equality Court. The Equality Court had found that Kunene’s use of the terms “cockroach,” “little frog,” and “criminal” to describe Malema amounted to hate speech in terms of the Equality Act.
The remarks were made during an interview on eNCA, following the results of a local election. Malema approached the Equality Court, which instructed Kunene to apologise and refrain from using such language in future.
In his appeal, Kunene argued that the comments were personal insults directed at Malema and not attacks based on group identity. His legal team maintained that even if the insults were politically motivated, political affiliation is not listed as a protected category under the Equality Act.
However, Judge Stuart Wilson, delivering the judgment on behalf of the full bench, disagreed with this argument. The court concluded that calling a political rival a “cockroach” during a public broadcast met the legal definition of hate speech.
Judge Wilson stated that political speech in South Africa must not be allowed to descend into language that dehumanises opponents.
He warned that dehumanising language has historically led to violence and atrocities, and that the Constitution and the Equality Act exist to guard against such dangers. The judgment stressed the importance of upholding respectful political discourse.
The court noted that Kunene had used the term “cockroach” four times during the interview. While it upheld the Equality Court’s findings on that particular term, it ruled that the words “criminal” and “little frog” did not meet the threshold for hate speech and should be removed from the order.
The court also overturned the referral of the matter to the National Prosecuting Authority. It explained that criminal sanctions for unlawful expression should only be pursued in the most serious circumstances.
Judge Wilson concluded that Kunene should be given the opportunity to align his conduct with lawful political expression.
Kunene has been prohibited from referring to Malema as a “cockroach” in the future. He is required to issue both a written and oral apology within thirty days.
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